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2023 Supreme(Bom) 212

S. V. GANGAPURWALA, SANDEEP V. MARNE
Himmat Dalichand Mali – Appellant
Versus
Municipal Corporation Of Greater Mumbai – Respondent


Advocates:
Counsel for Appearing Parties
A.L. Gore, Advocate, Chintamani K. Bhangoji, Advocate, Dhruti Kapadia, Advocate, Rupali Adhate, Advocate, Sunil Sonawane, Advocate, Soran Kumudha Krushna, Advocate, Gajanan Pawade, Advocate, Salma Haju, Advocate

JUDGMENT

Sandeep V. Marne, J. - Petitioner, working as Assistant Law Officer in Municipal Corporation of Greater Mumbai (M.C.G.M) seeks antedating of his promotion to that post by grant of deemed date of 3rd July, 2008 with further relief of promotion to the post of Deputy Law Officer. He also sets up a challenge to the seniority list of Assistant Law Officers published on 13th July, 2021. Order dated 8th March, 2022 passed by the respondent-Municipal Corporation, rejecting his demands is also under challenge.

2. Petitioner, belonging to Vimukta Jati category came to be appointed on the post of Junior Law Officer in M.C.G.M. on 31st December, 1998. Though, he had submitted Caste Certificate at the time of his appointment, the validity certificate from the competent scrutiny committee was neither issued nor submitted to the respondent-Municipal Corporation.

3. Disciplinary proceedings were initiated against the petitioner on 8th February, 2008. In the meantime, his case was considered for promotion to the post of Assistant Law Officer by the Departmental Promotion Committee meeting convened on 18th June, 2008. However, on account of pendency of disciplinary proceedings, he was not reco

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